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Thursday, June 30 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted, in part, by teleconference.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton
on Thursday, June 30, 2022, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Middleton led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Geoff Kors, Dennis Woods; Mayor Pro Tern
Grace Elena Garner; and Mayor Lisa Middleton
Absent: None.
City Staff
Present: Justin Clifton, City Manager; Teresa Gallavan, Assistant City Manager, Jeffrey
Ballinger, City Attorney; and Monique Lomeli, Interim City Clerk, were present at
Roll Call. Other staff members presented reports or responded to questions as
indicated in the minutes.
PRESENTATIONS:
• 4 h of July events throughout the City from Jasmine
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council voted to remove Consent Calendar Item No.10 for separate
discussion, delete Item No. 1Bfrom the agenda, and reorder Item No. 2C to be heard after consent.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of June 30, 2022, was called to order by Mayor
Middleton at 3:30 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
City Council Minutes June 30 2022
Three (3) matters that, in the opinion of the City council on the advice of the City Attorney,
based on existing facts and circumstance, there is significant exposure to litigation against the
City.
Letter from Mimi Bradly, Walter Clark Legal Group, dated May 17, 2022, on behalf of Jesus
R. and Victoria R. Magana
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION TO CONSIDER INITIATION OF
LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):
Under existing facts and circumstances, there are two (2) matters the City Council has
decided or may decide to initiate litigation.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to
Government Code Section 54957.6
Zeferino Rodriguez v. City of Palm Springs, WCAB No. ADJ11763719
Friends of Mayor Frank Bogert v. City of Palm Springs, Riv. Ct. Case No.
CVPS2201657
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8
Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004)
Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants
PUBLIC TESTIMONY:
Dan Spencer
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS: None.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 10 for separate
discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to find that the City Council has considered the circumstances of
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City Council Minutes June 3 0. 2022
the state of emergency during a proclaimed state of emergency, and state or local officials
have imposed or recommended measures to promote social distancing, and as a result, the
Palm City Council and all of Palm Springs Board, Commission, and Committee meetings
may be held by videoconference, in accordance with AB 361
B. CONSIDERATION OF AUTHORIZING LETTERS OF OPPOSITION TO
ASSEMBLY BILL NOS. 1778, 2237, AND 2438 TO THE SENATE COMMITTEE
ON TRANSPORTATION
This item was deleted from the agenda.
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
PERIOD OF MAY 1 THROUGH MAY 31, 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of May 1 through May 31, 2022.
D. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE
MANAGEMENT ASSOCIATION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
Adopt Resolution No. 25028 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS,
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION
FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025, SUBJECT TO
ASSOCIATION'S EXECUTING THE MEMORANDUM OF UNDERSTANDING."
2. Authorize the City Manager to execute the Memorandum of Understanding (MOU)
and all documents necessary to effectuate the above action, including the allocation
and compensation plans, agreements and contracts, and any non -substantial MOU
language or reorganization
E. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to Receive and File Treasurer's Investment Report as of January
31, 2022.
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F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to Adopt Resolution No. 25030 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 05-14-22 AND 05-28-22 TOTALING $3,736,825.75 AND
ACCOUNTS PAYABLE WARRANTS DATED 05-12-22 AND 05-26-22 TOTALING
$5,825,018.10, IN THE AGGREGATE AMOUNT OF $9,561,843.85, DRAWN ON
BANK OF AMERICA.
G. ACCEPTANCE OF PLAYGROUND SURFACING PROJECT, CITY PROJECT
NO.20-29
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept the public works improvement identified as Playground Surfacing, City
Project No. 20-29, as completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for Playground Surfacing, City Project No.
20-29.
H. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT WITH ALLIED UNIVERSAL, INC. FOR UNARMED SECURITY
SERVICES (A8358)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, for The City Council to consider approval of an amendment to the
contract services agreement with Allied Universal Inc., included in, to adjust hourly rates
by the new Consumer Price Index (CPI) effective July 1, 2022, to respond to recent
inflation in prices for gasoline and other goods. In addition, the amendment includes
changes in the scope of services for Fiscal Year 22-23 and an increase in the maximum
contract limit resulting from the CPI adjustment and an increase in security hours required
by the City at various City Facilities and locations.
I. APPROVE AMENDMENTS TO CONSULTING SERVICES AGREEMENTS NOS.
A5768, A6017, A5482, AND A6205 WITH GOVERNMENT REVENUE
SOLUTIONS HOLDINGS I, LLC DBA AVENU INSIGHTS & ANALYTICS, LLC
/ MUNISERVICES ("MUNISERVICES")
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Consulting Services Agreement No. A5768 with
MuniServices in the amount of $50,0000, approving an extension through June 30,
2023, for Auditing, Geocoding, Utility Users Tax / Franchise Compliance and Revenue
Protection Program Services.
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City Council Minutes June 30, 2022
2. Approve Amendment No. 4 to Consulting Services Agreement No. A6017 with
MuniServices in the amount of $50,0000, approving an extension through June 30,
2023, for Transient Occupancy Tax (TOT) Program Auditing Services.
3. Approve Amendment No. 5 to Consulting Services Agreement No. A5482 with
MuniServices in the amount of $50,0000, approving an extension through June 30,
2023, for Sales, Transactions, and Use Tax Audit (SUTA) Services.
4. Approve Amendment No. 5 to Consulting Services Agreement No. A6205 with
MuniServices in the amount of $50,0000, approving an extension through June 30,
2023, for Business License Discovery and Assessment Services.
5. Authorize the City Manager or his designee to execute all necessary documents.
J. APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT No. A6164 WITH
ACTION PARK ALLIANCE, INC., FOR THE OPERATION AND
MANAGEMENT OF THE PALM SPRINGS SKATE PARK
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 2 with Action Park Alliance, Inc., for the operation of Palm
Springs Skate Park to increase the hours of operation by adding ten (10) hours per
week, and five (5) extra hours on holidays and extending this contract for two (2)
additional years at a cost of $150,000 for Year One, with annual increases of the City
of Palm Springs's adopted CPI-U annual rate increase.
2. Authorize City Manager to execute all necessary documents.
K. FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE
FOUNDATION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve First Amendment to Memorandum of Understanding between City of Palm
Springs and The Palm Springs Plaza Theatre Foundation.
2. Authorize the City Manager to execute said First Amendment, as well as any minor
changes to the Amendment acceptable to the City Manager and City Attorney.
L. APPROVAL OF AMENDMENT NO. 5 TO THE AIRPORT CAR RENTAL
CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT NO.6
FOR AVIS-BUDGET AT PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 5 and Avis -Budget Amendment No. 6 to all Airport rental
car concession agreements doing business as eight car rental agencies at PSP which
include:
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City Council Minutes June 30 2022
o Avis/Budget Car Rental, LLC (Amendment No. 6)
o The Hertz Corporation (Amendment No. 5)
o Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental
(Amendment No. 5)
o Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 5)
o DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment
No. 5)
2. Authorize the City Manager or his designee to execute all necessary documents.
M. APPROVE A CONTRACT SERVICES AGREEMENT WITH AMADEUS
AIRPORT IT AMERICAS, INC. TO PROVIDE A COMMON / SHARED USE
PASSENGER PROCESSING SYSTEM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT BOARDING GATES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Contract Services Agreement with Amadeus to provide a common/ shared
use passenger processing system with support at the Palm Springs International Airport
Bono and RJ concourses boarding gates, in an amount not to exceed $568,029 for a
three-year term with two one-year options.
2. Authorize the City Manager or designee to execute all documents.
N. APPROVE SITE INSTALLATION COSTS IN THE AMOUNT OF $65,000 FOR
THE AIDS MEMORIAL PUBLIC ARTS PROJECT FOR THE DOWNTOWN
PARK
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Appropriate funds in the amount of $65,000 from the Public Arts Fund Balance in
Fiscal Year 2023.
2. Approve funding in the amount of $65,000 of Fiscal Year 2023 Public Art Funds for
preparation and installation costs of the AIDS Memorial Sculpture at the Downtown
Park.
3. Authorize the City Manager to execute all necessary documents to facilitate funding
for the site preparation and installation costs of the artwork.
O. REQUEST BY PRETTY FACES, LLC, FOR A RESOLUTION OF PUBLIC
CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 48 (ON -SALE GENERAL
— PUBLIC PREMISES) LICENSE IN CONJUNCTION WITH THE OPERATION
OF A NIGHTCLUB (PRETTY FACES) AT 150 SOUTH INDIAN CANYON
DRIVE, ZONE R-A (CASE 5.1551 PCN)
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MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to Adopt Resolution No. 25021 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT THE PUBLIC CONVENIENCE WOULD BE SERVED BY
THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 48 FOR
PRETTY FACES NIGHTCLUB LOCATED AT 150 SOUTH INDIAN CANYON
DRIVE WITHIN CENSUS TRACT NUMBER 9414 (CASE 5.1551 PCN)."
EXCLUDED CONSENT CALENDAR:
2. PUBLIC HEARINGS:
A. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD,
LEVYING THE FISCAL YEAR 2022-23 ASSESSMENT, AND CONDUCT OF
PROTEST PROCEEDINGS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:
1. Open the public hearing, receive public testimony, and written and oral protests to
confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement
District Advisory Board and levying an assessment for Fiscal Year 2022-23.
2. Adopt Resolution No. 25031 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE
REPORT OF THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN
ASSESSMENT FOR FISCAL YEAR 2022-23 IN CONNECTION WITH THE
PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT
DISTRICT."
B. AN APPEAL BY LWSC LLC (BUILDING OWNER), c/o PSPC ENTERPRISES
LLC, (dba FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING
COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A
NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-
SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET
PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD
(CASE 5.1544 CUP)
MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER KORS,
CARRIED 3-1 (WOODS VOTING NO, GARNER RECUSED), to:
Adopt Resolution No. 25032 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY
PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL
USE PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN
AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING
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OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE,
ZONE CBD, (CASE 5.1544 CUP)."
C. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2022-23
COMPREHENSIVE BUDGET, PALM SPRINGS COMMUNITY
REDEVELOPMENT SUCCESSOR AGENCY BUDGET, 5-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2023-2027, APPROPRIATIONS
LIMIT AND ALLOCATED POSITIONS AND COMPENSATION PLAN
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
Amend the FY 2021-22 Budget to appropriate a transfer out of the General Fund,
Fund Balance in the amount of $5 million to the Facilities Maintenance Fund, to
cover costs associated with the reallocation of OBEP Liability.
2. Open the public hearing and accept public testimony on the Fiscal Year 2022-23
Budget.
3. Adopt Resolution No. 25033 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR
2022 — 2023; AND ADOPTING THE PUBLICLY AVAILABLE PAY
SCHEDULES;"
4. Adopt Resolution No. 25034 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET
FOR FISCAL YEAR 2022 — 2023 AND SUCH OTHER MATTERS AS
REQUIRED;"
5. Adopt Resolution No. 25035 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS
CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR
AGENCY BUDGET FOR FISCAL YEAR 2022 — 2023, AND OTHER SUCH
MATTERS AS REQUIRED;"
6. Adopt Resolution No. 25036 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022 — 2023 ENDING ON JUNE
30, 2023."
7. Direct the City Manager and Director of Finance and Treasurer to make the
appropriate modifications to the Budget and prepare the final budget document for
Fiscal Year 2022-23.
3. BUSINESS & LEGISLATIVE:
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City Council Minutes June 30.2022
A. APPROVAL OF REQUEST FOR PROPOSALS 20-22 AND AUTHORIZATION
TO SOLICIT PROPOSALS FOR A STAFFING STUDY FOR THE PALM
SPRINGS POLICE DEPARTMENT
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Approve Request for Proposal 20-22 to advertise and solicit proposals for the staffing
study for the Palm Springs Police Department.
2. Authorize the City Manager or his designee to execute all necessary documents
B. REVIEW OF A MODIFIED FRANCHISE AGREEMENT FOR SOLID WASTE
COLLECTION SERVICES BETWEEN THE CITY OF PALM SPRINGS AND
PALM SPRINGS DISPOSAL SERVICE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to Discuss a proposed residential rate discount program for low-
income residents and provide direction to Staff.
C. INTRODUCTION OF AN ORDINANCE ENTITLED, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SUBDIVISION (H) TO SECTION 2.60.040 OF THE PALM SPRINGS MUNICIPAL
CODE, REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING
MEMBERS OF CERTAIN NON-PROFIT BOARDS, UNDER THE CITY OF
PALM SPRINGS PUBLIC INTEGRITY ORDINANCE"
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to continue to a date uncertain.
REPORT ON THE CITY OF PALM SPRINGS LOCAL ROADS SAFETY PLAN,
CITY PROJECT NO.20-21
By consensus, The City Council agreed to receive and file a report on the Local Roads
Safety Plan for the City of Palm Springs.
D. REPORT OF THE CITY OF PALM SPRINGS PEDESTRIAN MASTER PLAN
By consensus, the City Council agreed to receive and file a report on the Pedestrian Plan
for the City of Palm Springs.
PUBLIC TESTIMONY (NON -AGENDA ITEMS):
Dominick Moonheart
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City Council Minutes June 30, 2022
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
City Manager Clifton gives update on upcoming meeting agendas.
Mayor Middleton replies to agendas needing to have finished up before new council comes on.
Mayor Pro Tern Garner speaks on needing to get the Zoning for childcare locations on the
agenda soon.
ADJOURNMENT: 10:10 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/28/2022
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